Primitive peoples early asked questions about their origin and destiny. The unknown filled most of the experiences of their lives. The realm of the known was very small. They had no idea of law and system, of cause and effect. They early began evolving religious ideas. The manifestations5 of nature, the mystery of birth, the fear of death, the phenomena6 of dreams, the growth and harvesting of crops—all of these were beyond their understanding. They peopled the earth with gods to be propitiated7 and appeased8. Everything was the act of a special providence9. From early times religion and witchcraft10 furnished the chief subjects for the criminal code.
The penalties for the violation11 of the code were always severe, generally death, and by the most terrorizing ways. No other crime could be so great as to arouse the anger of the gods, and naturally no other conduct should demand so severe a penalty as calling down the wrath12 of the gods. This would fall not only upon the offending man, but upon the community of which he was a part. Even as man developed in knowledge and civilization, this sort of crime continued to furnish the greater proportion of victims and the most cruel punishments. Torture of the most fiendish sort was evoked13 to catch offenders14 and extort15 confessions16. Difference of religious opinions was the worst crime. The inquisition became an established thing. Sometimes a nation was almost wiped out that heretics should be killed and heresies17 destroyed. The heretic was the one who did not accept the prevailing18 faith. The list of victims of punishment on account of religion, witchcraft, sorcery and kindred laws has in the past no doubt been larger than for any other charges.
This kind of laws always called out the greatest zeal19 in their enforcement. To the religious enthusiast20 nothing else was of equal importance. It involved not only the life of man on earth but his life through all eternity21. Our statutes22 today are replete23 with such crimes, but the punishments have been lessened24 and, as a rule, communities will not enforce them. But laws against blasphemy25, working on Sunday, and Sunday amusements of all sorts, are still on the books and enforced in some places. A large organization and an influential26 and aggressive part of the Christian27 Church are insisting that these laws shall be enforced to the limit and that still others shall be placed among the statutes of the several states.
The methods of inflicting28 the death penalty have been various, the favorite ways being burning, boiling in oil, boiling in water, breaking on the rack, smothering29, beheading, crucifying, stoning, strangling and electrocuting. Until the middle of the last century they were carried out in the presence of the multitude so that all might be warned by the example.
The number of crimes for which death and bodily torture have been the punishment can scarcely be recorded, and if they could it would be of no value. They would run into the hundreds and probably the thousands. A large part of these crimes are now obsolete30. Doubtless more men have been executed for crimes they did not commit and could not commit than for any real wrong of which they were guilty.
Prisons came into fashion later than the death penalty, and as a form of punishment have gradually come to take the place of most death penalties. Prisons in the past have been loathsome31 places and not much better than death. Prisoners have been packed together so closely that life was almost impossible. To incarcerate32 victims in prisons has brought terrible punishment not only on the prisoners and their families, but indirectly33 on the state. No doubt through the years prisons have been gradually improved. Many of their terrors have been banished34. People have come to believe that even a prisoner should have some consideration from the state. Penalties have likewise grown less severe and terms have been shortened, but this course has not been regular or constant; the public readily relaxes into hatred35 and vengeance36, and it is easy to arouse these feelings in men, since they lie very close to the surface. A constant struggle has always been waged by the humane37 to make man more kindly38, and yet probably his nature does not really change. A few months of frenzy39 may easily undo40 the work of years.
So long as men punish for the sake of punishment, there will be a disagreement between the advocates of long punishment and short punishment, hard punishment and light punishment. From the nature of things, there is no basis on which this can be determined42. The only thing that throws any light on the question is experience, and men can always differ as to the lessons of experience. Neither do they remember experience when feelings are concerned.
Punishment can deter41 only on the ground of the fear that flows from it. Fear comes from things that are more or less unusual. Man has little abstract fear of a natural death; it is so unavoidable that it does not even figure in the ordinary affairs of life. Extreme punishments may grow so common that few give them any concern. They probably are so common now that the impression they make is not very great. Lighter43 and easier punishments would have the same psychological effect. In many cases a lenient44 punishment would also eliminate much of the hatred and bitterness against the world that are common to all inmates45 of prisons.
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1 primitive | |
adj.原始的;简单的;n.原(始)人,原始事物 | |
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2 penal | |
adj.刑罚的;刑法上的 | |
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3 banishment | |
n.放逐,驱逐 | |
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4 offender | |
n.冒犯者,违反者,犯罪者 | |
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5 manifestations | |
n.表示,显示(manifestation的复数形式) | |
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6 phenomena | |
n.现象 | |
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7 propitiated | |
v.劝解,抚慰,使息怒( propitiate的过去式和过去分词 ) | |
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8 appeased | |
安抚,抚慰( appease的过去式和过去分词 ); 绥靖(满足另一国的要求以避免战争) | |
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9 providence | |
n.深谋远虑,天道,天意;远见;节约;上帝 | |
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10 witchcraft | |
n.魔法,巫术 | |
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11 violation | |
n.违反(行为),违背(行为),侵犯 | |
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12 wrath | |
n.愤怒,愤慨,暴怒 | |
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13 evoked | |
[医]诱发的 | |
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14 offenders | |
n.冒犯者( offender的名词复数 );犯规者;罪犯;妨害…的人(或事物) | |
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15 extort | |
v.勒索,敲诈,强要 | |
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16 confessions | |
n.承认( confession的名词复数 );自首;声明;(向神父的)忏悔 | |
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17 heresies | |
n.异端邪说,异教( heresy的名词复数 ) | |
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18 prevailing | |
adj.盛行的;占优势的;主要的 | |
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19 zeal | |
n.热心,热情,热忱 | |
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20 enthusiast | |
n.热心人,热衷者 | |
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21 eternity | |
n.不朽,来世;永恒,无穷 | |
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22 statutes | |
成文法( statute的名词复数 ); 法令; 法规; 章程 | |
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23 replete | |
adj.饱满的,塞满的;n.贮蜜蚁 | |
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24 lessened | |
减少的,减弱的 | |
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25 blasphemy | |
n.亵渎,渎神 | |
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26 influential | |
adj.有影响的,有权势的 | |
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27 Christian | |
adj.基督教徒的;n.基督教徒 | |
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28 inflicting | |
把…强加给,使承受,遭受( inflict的现在分词 ) | |
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29 smothering | |
(使)窒息, (使)透不过气( smother的现在分词 ); 覆盖; 忍住; 抑制 | |
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30 obsolete | |
adj.已废弃的,过时的 | |
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31 loathsome | |
adj.讨厌的,令人厌恶的 | |
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32 incarcerate | |
v.监禁,禁闭 | |
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33 indirectly | |
adv.间接地,不直接了当地 | |
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34 banished | |
v.放逐,驱逐( banish的过去式和过去分词 ) | |
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35 hatred | |
n.憎恶,憎恨,仇恨 | |
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36 vengeance | |
n.报复,报仇,复仇 | |
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37 humane | |
adj.人道的,富有同情心的 | |
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38 kindly | |
adj.和蔼的,温和的,爽快的;adv.温和地,亲切地 | |
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39 frenzy | |
n.疯狂,狂热,极度的激动 | |
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40 undo | |
vt.解开,松开;取消,撤销 | |
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41 deter | |
vt.阻止,使不敢,吓住 | |
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42 determined | |
adj.坚定的;有决心的 | |
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43 lighter | |
n.打火机,点火器;驳船;v.用驳船运送;light的比较级 | |
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44 lenient | |
adj.宽大的,仁慈的 | |
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45 inmates | |
n.囚犯( inmate的名词复数 ) | |
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